Terms of Service

1. Acceptance of Terms

By accessing and using BookingChat, you accept and agree to be bound by the terms and conditions of this agreement. If you do not agree with any of these terms, you must not use our services.

Please read carefully the clauses that limit rights: price changes (section 4), accounts without a plan, where no message is sent (section 4-A), responsibility for your content and your services (section 5-A), message delivery (section 8-A), availability and limitation of liability (section 10) and jurisdiction (section 13).

2. Service Description

BookingChat is a booking platform for businesses that serve customers by appointment. The business registers its services, its team and its opening hours, and receives a public booking link.

The business's customer opens that link in a browser, chooses the service, the professional and the time slot, and provides a name and phone number. They do not create an account, do not set a password and do not install an app.

WhatsApp is used as an outbound channel: the customer receives the booking confirmation, the confirmation request before the appointment, and notices of changes or cancellations. The business manages the schedule through the Android or iPhone app, or the web panel.

3. User Account

To use our services, you must:

• Be at least 18 years of age
• Provide accurate and complete information when registering
• Maintain the security and confidentiality of your password
• Immediately report any unauthorised use of your account
• Be responsible for all activity carried out under your account
• If you use BookingChat on behalf of a company, have the authority to accept these Terms for it

4. Plans and Payments

BookingChat offers monthly subscription plans. What each plan meters is the WhatsApp notification allowance sent to the business's customers; bookings, services, professionals and registered customers are unlimited on every plan.

Every new account starts with a 30-day free trial, or the longer period granted by a valid referral code, with an allowance of 150 WhatsApp notifications, granted by BookingChat itself and with no card required. The trial is not a store subscription and does not turn into a paid plan by itself: when it ends, nothing is charged, and the account continues without a plan until you subscribe.

By subscribing to a paid plan, you agree to the following conditions:

• The subscription is purchased and charged through your device's store: Google Play, within your Google Account, on Android, or the App Store, within your Apple Account, on iPhone. We do not process the payment directly and have no access to your card details
• All plans are monthly and renew automatically until you cancel
• On the App Store, payment is charged to your Apple Account when you confirm the purchase, and the subscription renews automatically, with the charge made within the 24 hours before the end of the period, unless auto-renew is turned off at least 24 hours before the end of the current period
• Cancellation is done in the store where you subscribed, at any time, with no fee or penalty: in Google Play, under Payments and subscriptions, or, on iPhone, in Settings → your name → Subscriptions. Access continues until the end of the period already paid for
• Deleting your BookingChat account does not cancel the subscription in the store: billing continues until you cancel it on Google Play or the App Store
• Refund requests follow the policy of the store that processed the payment, Google Play or the App Store
• Price changes: we may change the price of plans and packs. We will give at least 30 days' notice, and the new price only applies from the first renewal after that period. Google Play and the App Store may ask you to accept the new price in the store itself; if you do not accept it, the store may end the subscription at the end of the period already paid, with no penalty. You may also cancel at any time before the renewal. The final amount charged is set by the store and may vary with taxes, exchange rates or its own rules, which we do not control
• Once the period's notification allowance runs out, messages stop being sent until renewal or until an additional pack is purchased
• Additional notification packs are one-time purchases made through the same store: they do not renew, do not expire and are only used once the period's allowance runs out

4-A. Trial Period and Accounts without a Plan

Without an active plan, no WhatsApp message is sent. When the trial ends, the subscription is cancelled or payment is not approved, the account is left without a plan. In that situation:

• your booking page stays online and accepts bookings, but only for the next 7 days
• no WhatsApp message is sent to your customers, including confirmations, confirmation requests, changes, cancellations and open-slot notices; the customer sees on the page itself the link to follow the booking
• bookings are created already confirmed, and the app's paid features are locked
• you keep receiving the app's notifications and emails

During that period the service is provided free of charge and as is. We are not liable for no-shows, forgotten bookings or lost customers resulting from the absence of messages while the account has no plan. Your data remains stored, and a plan can be purchased at any time.

5. Acceptable Use

You agree not to use our services to:

• Carry out illegal activities or activities that breach applicable law
• Send spam or unsolicited bulk messages
• Infringe third-party intellectual property rights
• Interfere with the operation of the platform or its servers
• Collect user data without proper consent
• Reverse-engineer the system or attempt unauthorised access to it

5-A. Your Content and Your Relationship with Your Customers

You alone are responsible for what you register and publish on BookingChat: business name and description, names and descriptions of services and add-ons, prices, promotions, photos, logo, questions to customers, recommendations, team names and cancellation reasons. You guarantee that this content is true, that you have the right to use it, including images and trademarks, and that it does not violate the law or third-party rights.

The services advertised on your page are provided by you, not by BookingChat. You answer to your customers for the quality, safety and legality of what you offer; for the licences, qualifications and professional registrations your activity requires; for the prices and conditions you state; and for consumer-protection obligations in your relationship with them. BookingChat is only the booking tool and is not a party to that relationship.

You authorise us, free of charge and while the account exists, to store, display and reproduce that content on your booking page, in the messages sent to your customers and in the app, solely to provide the service.

Do not ask your customers, in booking questions, for health data, documents, passwords or card details, and do not use questions or texts for advertising.

5-B. Automated Content Review

To protect your customers, our WhatsApp number and the platform, text written by the business is reviewed automatically by an artificial-intelligence system before it is saved: business name and description, link name, names and descriptions of services and add-ons, campaign names, recommendations, questions to customers, owner and team names, and cancellation reasons. The review looks for scams, offensive content, contact details, out-of-place advertising and prohibited topics. Text written by your customers is not reviewed.

The review is automated and can be wrong either way. It does not mean that we review or approve your content, and it does not transfer responsibility for it to BookingChat. Nor are we obliged to monitor everything that is published.

We may refuse or remove a text, or suspend the account, when content violates these Terms, the law or the policies of Meta, Apple or Google. If you disagree with a refusal, write to contato@bookingchat.com.br, and a person will review the case.

6. Intellectual Property

All content, resources and functionality of BookingChat, including but not limited to text, graphics, logos, icons, images, audio clips and software, are the exclusive property of BookingChat and are protected by Brazilian and international intellectual property law.

7. Privacy and Data

The use of information collected through BookingChat is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you also agree to our Privacy Policy.

7-A. Your Customers' Data

With regard to your customers' personal data (name, phone, answers and booking history), you are the controller and BookingChat is the processor under Brazil's data protection law (LGPD). You undertake to process that data on an appropriate legal basis; to tell your customers that you use BookingChat and that they will receive WhatsApp messages about their booking; to register only the phone numbers of people who booked with you; and to handle requests from data subjects addressed to you.

We process that data only to provide the service, following these instructions and with appropriate security measures, and we will notify you without undue delay of any security incident that may affect it. When the account is deleted, that data is deleted, except what the law requires us to keep, as described on the Data Deletion page.

8. WhatsApp Integration

BookingChat sends booking notifications through the WhatsApp Business platform, from Meta. Messages are sent from a BookingChat number, never from the business's own number.

By using our services, you are also subject to the terms and policies of WhatsApp and Meta. We commit to:

• Using the WhatsApp Business API in compliance with Meta's policies
• Sending the customer only messages related to the booking they created or that the business registered for them
• Respecting the messaging limits and guidelines set by WhatsApp

The business is responsible for the phone number it provides or registers, and for having obtained the customer's authorisation to contact them.

8-A. Message Delivery and Third-Party Services

Sending messages depends on WhatsApp, operated by Meta, and on other providers (Apple, Google, Amazon Web Services and MongoDB). We do not control those services and do not guarantee that a message will be delivered, read or delivered at a given time. A message may be delayed or not arrive, for example, when the customer's phone is wrong, inactive or has no WhatsApp; when the customer has blocked the number; when Meta limits, refuses, reclassifies or suspends a message template or our number; or when any of those providers fails or is unavailable. Messages that would fall between 10 p.m. and 6 a.m. may be postponed to 6 a.m.

Messages help reduce no-shows, but they do not guarantee that the customer will show up. The schedule in the app is the official record: check it and, when needed, contact your customer directly.

If a failure on our side prevents messages already deducted from your allowance from being sent, we will return those messages to the allowance or as credits.

9. Suspension and Termination

We reserve the right to suspend or terminate your account in the event of:

• Breach of these Terms of Service
• Non-payment of the subscribed plan
• Fraudulent or abusive use of the platform
• A request from the user themselves

In serious cases, such as fraud, scams, risk to third parties, an order from an authority or risk to our WhatsApp number, suspension may be immediate. In other cases, we will warn you first and give you a reasonable period to fix the issue. Billing and any refund remain with the store where the subscription was made; suspension for violating these Terms does not give rise to a refund from us.

10. Limitation of Liability

We work to keep BookingChat available, but we do not offer an availability guarantee (SLA). The service may be unavailable because of maintenance, which we will try to do at low-usage times and announce when it is scheduled, because of failures of ours or of our providers, or because of force majeure. We keep backups, and the app keeps a copy of the schedule on the device.

To the extent permitted by law: (a) we are not liable for lost profits, lost customers, no-shows, bookings that did not happen or other indirect losses; (b) our total liability, for any cause, is limited to the amount you paid for BookingChat in the 12 months before the event. These limitations do not apply to damage caused by our wilful misconduct or gross negligence, and do not remove rights the law guarantees you as a consumer, where applicable.

11. Indemnification

You are liable for the damage you cause to BookingChat or to third parties by violating these Terms or the law, including through the content you publish and your relationship with your customers, and you will reimburse us for amounts we are required to pay for those reasons.

12. Changes to the Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email or through a prominent notice on our site at least 30 days before the changes take effect. Continued use of our services after the changes constitutes acceptance of the new Terms.

If you do not agree with the new version, you may cancel the subscription in the store before it takes effect. Changes required by law or to prevent abuse may take effect immediately.

13. Governing Law

These Terms are governed by the laws of Brazil. The courts of the district of Joinville, Santa Catarina, Brazil, are chosen, except when you are a consumer, in which case you may bring the action in the courts of your place of residence.

14. Contact

If you have questions about these Terms of Service, contact us by email: contato@bookingchat.com.br